New Delhi: Observing that the degree of corruption is immaterial when the person’s conduct is questionable, the Supreme Court has restored the punishment of dismissal from service of a bus conductor who did not issue tickets to 25 passengers in a UP State Transport Corporation bus.
A bench of Justices Dipak Misra and Prafulla C. Pant rejected conductor Gopal Shukla’s contention that since there was no personal gain, he cannot be charged for corruption.
The labour court found the conductor guilty of misconduct but quashed the order of dismissal from service imposed by the corporation and reduced his pay by two increments.
The Allahabad HC upheld this order. The apex court allowed the corporation’s appeal and restored the order of dismissal from service.
Writing the judgement, Justice Misra said, “The loss caused to the corporation cannot be marginalised. In such a situation the question of reformation and to make him disciplined or giving him another chance, in our considered opinion, does not arise. The conductor holds the post of trust under the corporation.
“It is extremely difficult on the part of the checking authorities to check in a constant manner. An employee holding the post that requires trust and confidence is expected to behave with discipline, loyalty and also maintain the fiscal sanctity. He shouldn’t allow anything to creep in which would make him a person of questionable integrity.”
The bench said, “When such kind of indiscipline causes financial loss to the corporation, adequate punishment has to be imposed.”
